Etheridge v. . Vernoy
Supreme Court of North Carolina
Petition in the Cause filed by a purchaser for relief against a defective title to land, heard at January. Tenr, 1879, of The Supreme Court.
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Petition in the Cause filed by a purchaser for relief against a defective title to land, heard at January. Tenr, 1879, of The Supreme Court. This was an action brought to foreclose a mortgage, and on appeal to this court, the balance due of the debt secured, was ascertained and a decree pronounced in this court to sell the lands incumbered for its payment, [See same case, 70 — 713; 71 — 184; 74 — 800.] The sale was made and reported to .court, and upon an advance bid of ten per cent put in, a resale was ordered, when D. M. Carter became the purchaser of the tract in Bertie county at $5,200,…
1Opinion of the CourtDillard, J.
(After stating the case.) We do not concur in the objection. A salea confirmed is a bargain complete between the purchaser and the parties to the suit whose title has been sold ; and the same is enforceable in specie through orders in the cause in the same mánner and to the same extent as a vendee under articles and the vendor may enforce specific performance against each other. Rorer on Jud. Sales, § 124; Ex Parte Yates, 6 Jones’ Eq., 212. As between private persons, if the title be deficient in a material and substantial part of the land, the vendee may insist on rescis sion of the…
2Cited by2 opinions
- Burgin v. . BurginSupreme Court of North Carolina · 1880
- Tate v. . DavisSupreme Court of North Carolina · 1910